Zimbabwe – Ready for Elections? 45 3.5.1.3 Procedure for clearance A convener must be appointed by an organisation intending to hold a public gathering.63 The convener gives written notice of the gathering to the police five days before it takes place (in the case of a meeting) or seven days before it takes place (in the case of a procession or demonstration). During an election period the notice is three days.64 This notice can be given to the officer in charge of the police station nearest to the place where the gathering is to be held. It will be that officer's responsibility to inform the regulating authority. During the run-up to the 31 July elections, interpretation of this clearance provision has proved to be problematic. In the case of Mtizwa v Co-Ministers of Home Affairs and Ors, a magistrate dismissed an application to determine the legality of the conduct of police in changing goal posts of when the notice to hold a rally was given, saying that the court did not have jurisdiction to deal with the matter.65 This was despite the fact that the provisions of POSA give magistrates review powers in such cases.66Police have provided spurious reasons for denying the holding of political gatherings. For example the “Cross-over” rally organised by MDC-T for Harare on Monday 29 July 2013 was initially not cleared as police used the reason that they did not have manpower to ensure this gathering did not turn violent. 3.5.1.4 Powers of police Other than enforcing provisions of POSA as stipulated in the Act, police have also arbitrarily and unilaterally sought to ban the conduct of rallies at certain times. A few days before the upcoming elections, the police sought to impose a curfew on the time when rallies must stop (18:00 hours). Upon this unlawful action being challenged in court, a consent order extending the time for rallies to 20 00 hours was eventually granted.67 3.5.2 Provisions restricting gatherings or meetings The new Constitution now provides that limitations to rights must be in terms of a law of general application and reasonably justified in a democratic society.68 However Zimbabwe’s conduct still falls short of safeguarding the right to association and assembly as stipulated in the AU Guidelines and the SADC Principles.69 The ZRP cannot unilaterally decide to bar a meeting or demonstration on the ground that they believe that such gatherings will result in public disorder. They must first receive credible information on oath that a proposed gathering will result in serious disruption or traffic, injury to participants or others, extensive damage to property or other public 63 64 65 66 67 68 69 I.e. a public meeting, procession or demonstration. Section 25 of Public Order and Security Act. Magistrate Court Harare unreported case no.18421/2013. Section 40 of the Public Order and Security Act. Mutizwa v Co-Ministers of Home Affairs and 2 Others unreported High court Judgment 5850/2013 Section 86(2) of the Constitution of Zimbabwe Amendment (No 20) Part III(d) of the AU Declaration; Principle 7.4 of the SADC Principles.